Taking The Hill
by Matthew Best
Inhofe Introduces Anti-MTBE Bill
Sen. James Inhofe, R-Okla., introduced legislation to exempt states from using the controversial gasoline additive methyl tertiary butyl ether (MTBE), which makes gasoline burn cleaner but contaminates water supplies. The measure, S. 1886, cosponsored by U.S. Senate Environment and Public Works Chairman Bob Smith, R-N.H., and Sen. Dianne Feinstein, D-Calif., would allow states to opt out of EPA requirements for mixing oxygen into reformulated gasoline, which compels refiners to use additives like MTBE. All other provisions of the reformulated gasoline program would still apply.Superfund Reform in the House is Dead
The U.S. House of Representatives Republican Conference ended Rep. Sherwood Boehlert's, R-N.Y., efforts to convince GOP members to move a reform bill to the floor next year. Consequently, Superfund reform in the House is very unlikely in the 106th Congress. Congress is more likely to legislate piecemeal liability exemptions and bills to ramp down and eventually phase out the program, rather then restructure it. However, Senate Environment and Public Works Chairman Bob Smith, R-N.H., a champion of Superfund reform in previous Congresses including this one, may pursue reform next session.Appeals Court Denies EPA Rehearing
A federal appeals court denied the EPA's petition for a rehearing on new smog and fine soot standards. Five of 11 judges backed the EPA, four denied the hearing and two did not participate. An absolute majority is needed for passage in a full hearing. In response to the decision, the EPA said it will recommend that the Justice Department seek a review before the Supreme Court.This setback for the EPA follows a ruling by a three-judge panel in May, which struck down the EPA's request for a hearing on the eight-hour standard. That ruling found that the Clean Air Act unconstitutionally delegated power to the EPA to set standards to protect public health from air pollution.
House Panels Debate EPA's Claimed CO2 Authority
The U.S. House of Representatives Science Committee subcommittee on energy and the environment and the Government Reform Committee subcommittee on national economic growth, natural resources and regulatory affairs held a joint hearing. The subcommittees wanted to examine recent U.S. Environmental Protection Agency (EPA) assertions that the agency holds regulatory authority over carbon dioxide, a greenhouse gas, under the Clean Air Act.Some members of the committees are concerned that the administration is attempting to implement the Kyoto treaty on global warming before the pact's Senate approval. Critics argued that Congress never intended to give the EPA such powers under the Act and worry that the agency's pro-regulatory position could lead to a backdoor implementation of the Kyoto Protocol.
Gary Guzy, EPA's general counsel, said the EPA does not intend to implement the Kyoto Protocol before its ratification with the advice and consent of the Senate. He went on to explain what he believed was explicit congressional authority to regulate carbon dioxide, should the EPA choose to regulate the gas.
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AutoInc. Magazine ® Vol.XIVIII, January 2000
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